CHARGES AGAINST OMAGH ACCUSED MAY BE DROPPED
Charges against Omagh accused nay be dropped
BY MICHELE CANNING SMITH
IN THE SAME week that relatives of those who lost their lives in the Real IRA bombing of Omagh gathered to commemorate the seventh anniversary, a lawyer for one of the accused said the case against him 'will collapse.'
Relatives gathered at the Memorial Gardens in Omagh on Sunday for a Remembrance Service to the 29 people, and unborn twins murdered in the bombing in 1998.
On Friday, a lawyer acting for Sean Hoey, from Jonesborough in South Armagh, said the case will collapse because there is no admissible evidence.
Hoey is accused of 61 terrorist and explosives charges including the Real IRA bombing in Omagh seven years ago.
Peter Corrigan told Belfast Magistrate's Court on Friday that a committal hearing is due to be heard on August 31st but claimed the evidence against his client is insufficient to warrant sending him for trial.
Mr Corrigan told Belfast Magistrates Court that during interviews it was put to Hoey that, because other bombs he is allegedly linked to were constructed in a similar way, he must have been the person who made the Omagh bomb.
"The prosecution case at its highest is that he may have constructed the device in Omagh and I emphasise the word may," he said.
"If the prosecution is saying that is forensic evidence, it has no probative value and would be ruled inadmissible because of the speculative nature of it."
He said that if the magistrate at the committal hearing was of the same view Hoey would not be sent for trial because the evidence against him had no probative value.
Friday's hearing had been adjourned from Wednesday for the prosecution to consider Mr Corrigan's application for a skeleton argument relating to the forensic evidence.
The prosecution lawyer said that no skeleton argument was being provided.
Mr Corrigan then applied for an adjournment to make a written legal submission that the evidence had not sufficient probative value to permit the case to proceed.
The hearing was adjourned until August 19.
BY MICHELE CANNING SMITH
IN THE SAME week that relatives of those who lost their lives in the Real IRA bombing of Omagh gathered to commemorate the seventh anniversary, a lawyer for one of the accused said the case against him 'will collapse.'
Relatives gathered at the Memorial Gardens in Omagh on Sunday for a Remembrance Service to the 29 people, and unborn twins murdered in the bombing in 1998.
On Friday, a lawyer acting for Sean Hoey, from Jonesborough in South Armagh, said the case will collapse because there is no admissible evidence.
Hoey is accused of 61 terrorist and explosives charges including the Real IRA bombing in Omagh seven years ago.
Peter Corrigan told Belfast Magistrate's Court on Friday that a committal hearing is due to be heard on August 31st but claimed the evidence against his client is insufficient to warrant sending him for trial.
Mr Corrigan told Belfast Magistrates Court that during interviews it was put to Hoey that, because other bombs he is allegedly linked to were constructed in a similar way, he must have been the person who made the Omagh bomb.
"The prosecution case at its highest is that he may have constructed the device in Omagh and I emphasise the word may," he said.
"If the prosecution is saying that is forensic evidence, it has no probative value and would be ruled inadmissible because of the speculative nature of it."
He said that if the magistrate at the committal hearing was of the same view Hoey would not be sent for trial because the evidence against him had no probative value.
Friday's hearing had been adjourned from Wednesday for the prosecution to consider Mr Corrigan's application for a skeleton argument relating to the forensic evidence.
The prosecution lawyer said that no skeleton argument was being provided.
Mr Corrigan then applied for an adjournment to make a written legal submission that the evidence had not sufficient probative value to permit the case to proceed.
The hearing was adjourned until August 19.
Further Information
Publisher: TYRONE HERALD
Ref: TYH/021
Published Date: 15-Aug-05
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